My child was injured in a road traffic accident after the vehicle in which they were travelling went into the back of the car in front. Can my son make a compensation claim for a ruptured ligament in an ankle?
In accordance with the UK statute of limitations children are forbidden from appointing a solicitor or from making a compensation claim until they reach the age of 18, therefore if you wish to claim for a ruptured ligament in an ankle for your son you have two options. Your son can wait until they are 18 years old and pursue a compensation claim then or you can appoint a ‘litigation friend’ to represent your son and claim compensation on their behalf. ‘A litigation friend’ in these circumstances is often a parent or guardian and must first be approved by the court.
The usual time limit of three years to claim for a ruptured ligament in an ankle applies in this instance therefore if you do intend to claim compensation on behalf of your child you should speak with a personal injury solicitor without delay.
It may be the case that the negligent driver is a friend or relative but please bear in mind that any compensation claim will be made against their insurance company and not them, although they will be forbidden from representing your son as a ‘litigation friend’ because that would be deemed as a conflict of interest.
If the driver’s insurance company believe their policyholder is responsible for the accident, they may approach you with a direct offer of compensation. Generally the insurance company will not have the best interests of your son at heart and will seek to limit the amount of compensation they pay out for a claim for a ruptured ligament in an ankle, therefore you are advised to refer any such offer to a personal injury solicitor to ensure your son receives the maximum amount of compensation they are entitled to.